I'm Poking The Bear

[NavyWife]

I'm Poking the Bear

Hubby says I'm poking the bear by requesting an increase from VA. He is terrified that by requesting an increase the VA will take away his current rating. I explained to him that the evidence he presented has not changed and his situation has not changed and therefore they can't do that.

He had his appointment today with his private physician to fill out a DBQ. His rating decision was only three months ago so this DBQ will get uploaded into Ebenefits. It is New and Material Evidence and directly addresses the reason they did not give him a higher rating. The rater did have enough evidence to award a higher number 3 months ago, but in their judgment we didn't provide enough evidence, so here we are.

It's being submitted as an Increase -Reconsideration. I'm holding off on using an NOD as a last resort. I surely don't want to go into the appeals process if I can avoid it.

Any advice, thoughts or words of encouragement are appreciated!

Edited December 11, 2014 by NavyWife

[john999]

We are taught not to complain which is the worst thing not to do if you use the VA. You must complain all the time about everything. The louder you complain the more money you get. The system is sick and hurts vets, but if you want the money you have to be Foghorn Leghorn when it comes to calling attention to your problems that might be SC.

It really is a system that is destructive to the moral center of us. If you get better you earn less. What kind of crap is that? When you get a rating that should be set in stone if you get better or not. If vets with 50% knew they rating could not be touched and they were actually helped to help themselves there might be fewer 100% vets. Who wants to be p&t at age 30? Nobody does but that is often what it takes just to survive.

John

[Pete53]

Don't poke him slap the crap out of him

[Philip Rogers]

I'm Poking the Bear

Hubby says I'm poking the bear by requesting an increase from VA. He is terrified that by requesting an increase the VA will take away his current rating. I explained to him that the evidence he presented has not changed and his situation has not changed and therefore they can't do that.

He had his appointment today with his private physician to fill out a DBQ. His rating decision was only three months ago so this DBQ will get uploaded into Ebenefits. It is New and Material Evidence and directly addresses the reason they did not give him a higher rating. The rater did have enough evidence to award a higher number 3 months ago, but in their judgment we didn't provide enough evidence, so here we are.

It's being submitted as an Increase -Reconsideration. I'm holding off on using an NOD as a last resort. I surely don't want to go into the appeals process if I can avoid it.

Any advice, thoughts or words of encouragement are appreciated!

Why request an increase? Why not file a NOD with their latest decision! An increase request causes a new claim date. Just sayin' . . .

pr

[rootbeer22]

NavyWife:

Although I'm fairly new and I'm very impressed at your posts and efforts, I'm seeing that there's a lot of risk in having one's claimed reviewed again by another set of eye's..such as in the case of your husband. Your husband us very lucky to have someone in his court like you. But, the problem is that you could get someone (a rater) that is not as favorable to what was already proivided to your husband? So, again, it's who gets his file to review and what I'm seeing nothing is easy in this process and being proactive is not always best...so as I've said before that it's the luck of the draw and you have a 50/50 chance of it going the wrong way.. I usually see the glass as half full but after my FDC claim was shifted 2.5 years longer to the right...anything is possible...any you take a big chance that it goes the wrong way....I'm much less optomistic than I was about the process a year ago...

Edited December 17, 2014 by rootbeer22

[NavyWife]

PR--

I think in this case, because it is filed within a year of the last decision for the same contention, that it should go back to the date of the last decision--that's what a VSR told me. If not, then I have a backup plan for the effective date. I opened an informal claim on Ebenefits shortly after filing the 1st claim, to save the date, so at a minimum, it should go back to that date.

Honestly, I'm scared to go into appeals. I know they aren't even really working the appeals right now; they aren't even counted in the backlog & the focus is only on regular claims.

Plus it's so heartbreaking, when I read some BVA cases and the poor veteran waits 5 years in the appeal process and then gets denied anyway. He could have instead spent his time getting more and more medical evidence, piling it on until they can't say no anymore.

By the way, any update on your email to Bob?

Rootbeer22--

Sorry to hear this VA process is getting you down. It does that to all of us from time to time, so you aren't alone. You and I are at two of the slowest VAROs, so we have to have extra patience & perseverance! You are right, there is a lot of risk, but I feel like the risk is mitigated by adding additional positive medical evidence.

[Gastone]

Navywife: With recent award, I agree holding off on NOD is ok in your situation. With that said, I really don't think it matters that much. You mentioned that you were sending in what amounts to "New & Material Medical Evidence," Right? Any N&M Evidence received after a decision, all the way up to the BVA Evidence Cut off letter, automatically triggers a VARO Review of the decision by a SR Rater or DRO. Soooooooooo, even it you filed your NOD requesting a DRO Hearing (2-4 yr wait time) right now, any N&M Evidence triggers the VARO review. You'll either get the award your looking for or at the very least a Suplemental Stmt of Case if the Rating is continued. You'll know early on if your evidence is lacking. Don't take your eye off the NOD Deadline Date!! Go get'em.

I might have asked b-4, at 80% SC, has your husband given an IU claim any thought? Might be a hell of a lot faster than trying to get rating decision increase. At your current 80, you need a bump of 30% on a new condition to get to 86 rounded to 90% SC then a 50%'r to get to 95/100. Very difficult. Start researching IU if you haven't already done so.

Semper Fi

Gastone